You named someone to make medical decisions if you cannot speak for yourself. But what happens if that person wants something different from what your advance directive says? California law requires a healthcare agent to follow your healthcare instructions and other...
San Jose Estate Law Blog
What if a hospital will not follow my advance directive?
A medical crisis can move fast, and hospitals may not confirm your directive is on file or followed. In California, providers typically must follow a valid advance directive when you cannot speak for yourself. If a hospital will not comply, specific steps may help you...
Is now the time to update your estate plan?
Creating an estate plan is an important thing to do. However, the simple creation of the plan is not where things end. For the best results, it is important for people to update their estate plans somewhat frequently. But how does a person know when to do that?...
What are revocable and irrevocable trusts?
Many people know the power of wills and why it is important to have one in place before you die. However, a will is not the only way to manage your money after your death. More and more Americans are taking advantage of revocable and irrevocable trusts. Depending on...
What can you do in the case of a no-contest will?
When writing a will, many people want to prevent their children, beneficiaries and other loved ones from fighting over an inheritance. A parent or grandparent's desire to stop in-fighting may result in him or her writing in a no-contest clause. What happens if you...
What should I know about when a power of attorney goes into effect?
A power of attorney gives another person the ability to make decisions on your behalf. It is usually used as part of an estate plan to prepare for a situation in which you cannot make decisions yourself due to medical incapacity. The Superior Court of California...
How do you preserve your family’s money?
After working hard for your money, you want to make sure that it stays within your family for your loved ones after you pass. When you create an estate plan, you have to make sure your money goes to the people that you want it to go to. According to the U.S. News,...
Proving undue influence when challenging a will
When a loved one dies in California and makes you a beneficiary in his or her will, you may feel frustrated or disappointed if you do not inherit what you expect. However, if you did not inherit what you anticipated because someone subjected your loved one to...
Some details about contesting a will
A properly executed will remains the foundation of estate planning. Even with professionally prepared will and trust documents, disputes can arise and result in estate litigation. In California, interested parties have a deadline of 120 days to file a will...
How often should you update your estate plan?
Most people assume that once they create their estate plan, they can set it and forget it. Not only is this not the case but also, “forgetting about” your estate plan can have adverse and costly consequences. New laws, life events, the accumulation or loss of wealth...

